Jaffar Sadiq v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Jaffar Sadiq : Petitioner Vs.
1.The District Collector, Office of the Collectorate, Thanjavur District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Offier, Thanjavur District.
3.The Tahsildar, Office of the Tahsildar, Thanjavur District.
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4.The Assistant Superintendent Engineer, Highway Department, Old Collectorate Office, Thanjavur District.
5.Sarasu 6.Nallammal 7.Muruganantham : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 herein to remove the encroachment made by the 5th to 7th respondents comprised in Survey No.42/1, 42/2 situated at Puliyanthoppu Village, Thanjavur Taluk, Thanjavur District classified as "Vandipathai" and "Anatheenam" and restore the said Vandipathai for the effective usage of villagers to freely access the Vandipathai by considering the petitioner's representation dated 25.11.2024.
For Petitioner : Mr.K.M.Karunakaran For Respondents 1 to 4 : Mr.J.Ashok Additional Government Pleader 2/7
O R D E R
*********** [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed for a Mandamus to direct the respondents 1 to 4 herein to remove the encroachment made by the 5th to 7th respondents comprised in Survey No.42/1, 42/2 situated at Puliyanthoppu Village, Thanjavur Taluk, Thanjavur District classified as "Vandipathai" and "Anatheenam" and to restore the said Vandipathai for the effective usage of villagers to freely access the Vandipathai by considering the petitioner's representation dated 25.11.2024. 3.Since this Court is directing the respondents 1 to 4 to consider the petitioner's representation, after giving due opportunity to the private respondents herein, notice to the private respondents is hereby dispensed with.
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4.The petitioner herein had given representation to the official respondents on 25.11.2024, for removal of the alleged encroachments. Since the said representation was not considered, the present writ petition has been filed.
5.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time. 6.In the light of the above observations, there shall be a direction to the respondents 1 to 4 to consider the petitioner's representation dated 25.11.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein and the respondents 5 to 7, as well as all other persons, who may be interested in the subject property, within a period of three [3] 4/7
months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.
7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
[M.S.R.,J.] & [A.D.M.C.,J.] 23.01.2025 Index : Yes/No Internet : Yes/No MR 5/7
To 1.The District Collector, Office of the Collectorate, Thanjavur District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Offier, Thanjavur District.
3.The Tahsildar, Office of the Tahsildar, Thanjavur District.
4.The Assistant Superintendent Engineer, Highway Department, Old Collectorate Office, Thanjavur District.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 23.01.2025 7/7